Introduction

Non-disabled persons do not understand disabled ones. This famous line is

only one of the walls separating the persons with disabilities from the largesse of
the community. More often than not, the former is deprived of the chance to live
normally without risk that he be separated from the mainstream of society.
Contemporary issues concerning disability have continued plaguing the public. This
discordance, amidst new civil rights protection and various local and international
laws and policies promoting the respect for PWDs, never diminish up to this time. It
brought unending quest to ensure an equal footing among the physically or
mentally impaired persons and those who are not. History speaks of how the
marginalized sectors of persons with disabilities were ostracized, rejected,
discriminated and became subjects of ridicule. They have always been labelled as
an inferior class and their aspirations and self-perceptions have remained unnoticed
and misunderstood. Prejudicial views on their condition remain at par with their
impairments. The notion about their being childlike, dependent and in need of
charity and pity is still believed by many.
In the Philippines, of the 92.1 million household population in the country,
1,443 persons or 1.57 percent had disability. The recorded figure of persons with
disability (PWD) in the 2000 CPH was 935,551 persons, which was 1.23 percent of
the household population. This shows that sixteen (16) out of a thousand Filipinos
most likely experienced the abovementioned biased treatments due to their
disability. Technically, though small in number, this sector needs an immediate
attention and should not be disregarded. Many studies had been conducted to
expose how discrimination paved the way for PWDs to deviate themselves with the
society, laws and policies protecting them have continued to develop but its ironic
that still, many PWDs are trapped within the portals of mockery and inequity.
Indeed, RA 7277, as amended, is the governing law in the country
safeguarding and upholding the rights of PWDs. The amended law not only stated
the rights and privileges of PWDs; it also set forth the introduction of discounts for
specific products and services that they need; the prohibition against discrimination,
mocking and vilification of PWDs and the corresponding obligation of each
beneficiary before he can enjoy the grants. However, no matter stiff the law is, the
dilemma always boils down to its implementation. Efforts had been exhausted in
order to uphold the universal equality of rights envisioned by the United Nations
Human Rights Conventions and enshrined in the 1987 Philippine Constitution. But
still, many of the Persons with Disabilities are either unaware of the existing rules or
hesitant to freely enjoy the privileges given to them.
Various constraints like (1) those relating to the built and natural
environment; (2) economic issues; (3)emotional and psychological barriers; (4)
equipment barriers; (5) barriers related to the use and interpretation of guidelines,
codes, regulations, and laws; (6) information-related barriers; (7) professional
knowledge, education, and training issues; (8) perceptions and attitudes of nonPWD, including professionals; (9) policies and procedures both at the facility and
community level; and (10) availability of resources were found to be the barriers for
1

them to take pleasure in the benefits provided for them. 1 The study shows that
social participation among PWDs is not only hindered by health problems but also
the accessibility problems. It was proven that their lives are more concentrated at
home rather than outside.
Evidently, what is needed today is the recognition and eventually valuing of
the many positive qualities and potentials of people with disabilities. Devaluation
and dehumanization of people with disabilities that had held sway for so long a
period must now be realized and left. Given that the problem it had sought to
address had its roots in the embrace by the dominant culture of principally negative
stereotypes of people with disabilities with the resultant assigning to them of
devalued social roles based on these prejudicial perceptions, what PWDs need is
proper upbringing for them to realize their worth. They must be helped to perceive
the strengths and gifts they have, their abilities and lifetime potentials. These can
be possible through education. The latter is the most probable way towards change.
By giving emphasis on education, there might be a fuller appreciation of the dignity
and humanity of people with disabilities in all aspects of community life. Were it not
for such advocacy, our dehumanizing perceptions of people with disabilities would
never have been challenged, nor would we have learned the importance of respect
as foundational in the lives of people with disabilities.

Persons With Disabilities: Definition and Classification

There are hundreds of different disabilities. Some are co-genital; most come
later in life. Some are progressive, like muscular dystrophy, cystic fibrosis, and some
forms of vision and hearing loss. Others, like seizure conditions, are episodic and
progressive. Some conditions are static , like the loss of a limb. Still, others like
cancer and occasionally paralysis, can even go away. Some disabilities are hidden,
like epilepsy or diabetes. Disability law also applies to people with perceived
disabilities like obesity or stuttering, which are not disabling but create prejudice
and discrimination. Each disability comes in differing degrees of severity. Different
laws gave different meanings of Persons with Disabilities. Prior to RA 9442,
physically or mentally impaired persons were called Disabled Persons. Batas
Pambansa 344 defined Disabled Persons as those suffering from restriction or lack
of ability to perform an activity in the manner or within the range considered normal
for a human being as a result of a mental, physical, or sensory impairment.
Economic Independence of Disabled Persons Act, on the other hand, defined
Disabled Persons as persons who cannot perform work in the usual and customary
way due to loss of limbs or any part of the body by injury or absence thereof by
birth.
In 1990, disability was categorized by the NSO to the following:

Table 1

Blindness

7
Deafness

Mental retardation

8
Muteness

Mental illness

Orthopedic handicap
9

Deafness-Muteness

Multiple disabilities
10Others

5
Speech impairment

In 1995 however, the NSO adopted a more precise and self-explanatory

grouping on disabilities:
Table 2

1
2
3
4
5
6
7
8
9

Total blindness
Partial blindness
Low vision
Total deafness
Partial deafness
Poor hearing ability
Muteness
Speech impairment
Loss of one or both
arms/hands

10
11
12
13
14
15
16
17

Loss of one or both legs/feet

Paralysis of one or both arms
Paralysis of one or both legs
Paralysis of one arm and one
leg
Paralysis of all four (4) limbs
Mental retardation
Mental illness
Others

Disabled Persons Enabled

The language used to refer to persons with disabilities has played a
significant role in the persistence of negative stereotypes. It brings a deep and
persistent negative stereotypes and prejudices against them. The United Nations,
on its effort to promote universal equality of rights had aspired to enable the

disabled.2 This international perspective is highly recognized in the country. In fact,

when Republic Act 9442 amended RA 7277, the title of Republic Act No. 7277 is
hereby amended to read as the Magna Carta for Persons with Disability, and all
references on the said law to Disabled persons shall likewise be amended to read
as persons with disability. 3Significantly, the amended law regarded PWD as a
person first, before his disability. The primary rationale of this change is no longer to
focus on disability as a sickness or impairment but on images and languages to
shape notions of ability. This means persons with disabilities are no
longer considered to be recipients of charity or objects of others'
decisions but holders of rights.
Disability resides on the society and not in the personsit is a pathology of
society, that is, as the result of the failure of societies to be inclusive and to
accommodate individual differences. 4Societies need change, not the individual. The
most important thing is to recognize differently-abled people as people, with the
same rights and dignity as to others. That just like all people, they are very
different, including being different in how they are with disability issues. 5

The Rights of The Persons With Disabilities

The finest development of being a human is full human development as in
the words of the greatly admired Atty. Jose W. Diokno, Full human development
is the optimal development of all that is human in all humans, the bringing to full
flower of the native genius of each and of all. This development can only be
achieved when there is respect for, and observance of, human rights and
fundamental freedoms for all without distinction. 6
Persons with disabilities are faced with grim realities of injustice and inequality.
Governments, organizations, advocacies, and initiatives from the different parts of

the world strongly felt the need for the integration of disability into the issue of
human rights and development. 7 It is self-evident that disability is a human rights
issue and it is the recognition of that intrinsic humanity that full implementation and
protection of the rights of the PWDs can be achieved.
PWDs are entitled to exercise their civil, political, social, economic and
cultural rights on an equal basis with others under all the international treaties.
8
Civil or political rights are rights that serve as protection of the individuals with
disabilities from the arbitrary exercise of State power such as the right to life, liberty
and security of persons; right against torture; arrest and detention; right to a fair
and public hearing by an independent and impartial tribunal; right to be presumed
innocent, right to privacy; right to freedom of thought, conscience and religion; right
to freedom of opinion and expression; and right to freedom of peaceful assembly
and association. Economic, social and cultural rights are those rights that are
concerned with the material, social and cultural welfare of persons with disabilities
such as the right to work, right to social security, right to form and join trade unions,
right to rest and leisure, right to a standard of living, right to education, and right to
culture. Human rights are universal, indivisible and interdependent. These rights
belong to, and are to be enjoyed by all human beings without distinction of any
kind. 9
The rights of individuals with disabilities are grounded on a human rights
framework based on the United Nations Charter, Universal Declaration of Human
Rights, International Covenants on Human Rights, related Human Rights
Instruments, and International Human Rights Laws. 10

Laws governing the rights of PWDs

The acknowledgement of the rights of the vulnerable and disadvantaged
sectors like the PWDs must be afforded and protected by different laws in order
change the way society operates and to dismantle the barriers that prevent persons
with disabilities from participating fully in society. As there can be no right without a
corresponding law to which it is sourced from and to back it up. The laws governing
the rights of PWDs oversee and make sure that such rights are being secured and
properly implemented.

The United Nations estimates that there are more than 500 million persons
with disabilities in the world today. Every year this number increases due to factors
such as war and destruction, unhealthy living conditions, and the absence of
knowledge about disabilities, their causes, prevention and treatment. 11They also
made mention that majority of the PWDs live in less developed countries where
people lack access to essential services such as health care, education, and
vocational rehabilitation. They linked disability with poverty. The risk of impairment
is greater for a family that lives in poverty. A family who has a disabled family
member constitutes a higher demand on the family's resources.
Contemporary international laws have increasingly recognized the need for
all states to incorporate human rights standards for PWDs into their national
legislation although the necessity and the means chosen to promote full realization
of the rights of PWDs may differ among countries. There is no country which is
exempted from the need for the improved policies and laws for individuals with
disabilities. 12The rights of PWDs are now being recognized internationally and
locally.

International Laws
The development of the International Human Rights Law addressed more
generally the rights of individuals with disabilities. The principle of the right to
equality set out by the international human rights instruments is the foundation of
such rights. 13
International Human Rights Law determines that every person, including the
PWDs, has the right of equality before the law, the right to non-discrimination, the
right to equal opportunity, the right to an independent living, the right to full
integration, and the right to security. 14Every society must employ its resources in
such a way that every individual, including PWDs, has an equal opportunity to
participate in the community. The full participation of PWDs benefits the society as
their individual contributions.15
International Legal Instruments protect the rights of PWDs focusing on

safeguarding the PWDs from discrimination and creating equal opportunities for
them to participate in the society. Among these are the United Nations, the African
Union (formerly Organization of African Unity, OAU), the Council of Europe, the
European Union, and the Organization of American States. 16
These laws bear essentiality for the recognition under the Constitution of the
generally accepted principles of international laws. The latter had served as one of
the models in terms of legislation. Recent developments had been guidelines in
order for the passage of a better decree. It is noteworthy to enumerate the existing
international laws which set the rights of PWDs
a. Universal Declaration of Human Rights (1948)
The Universal Declaration of Human Rights (UDHR) adopted by the General
Assembly of the United Nations in 1948 formulated and provides human rights
standards that are accepted by all member states. Article XXV, Sec. 1 of the UDHR
mentions the socio-economic rights of PWDs such as the right to an adequate
standard of living including food, clothing, housing, medical care and social
services, and the right to security in the event of unemployment, sickness,
disability, widowhood, and old age. Article VII guarantees equality before the law
and equal protection by the law for all people, including against discrimination. 17
International Covenant on Civil and Political Rights (1966)
This is an international treaty that lists several rights that are relevant to
disability. Article XXVI states that all people, which clearly include the PWDs, are
equal before the law and have the right to the equal protection of law. 18
International Covenant on Economic, Social and Cultural Rights (1966)
The Covenant does not explicitly refer to disability. However, disability can be
included under the "other status" clause in Article II, Sec. 2, which calls for the nondiscrimination of persons on any grounds such as race, color, and "other status". 19
This General Comment by the Committee on Economic, Social and Cultural

Rights was issued to more fully elaborate the strategies for the implementation of
the rights set forth in the International Covenant on Economic, Social, and Cultural
Rights. This General Comment formulates the obligations of the states to eliminate
discrimination of PWDs in the areas of equal rights for men and women specifically
mentioned in its Article III, Articles VI to VIII on work, Article IX on social security,
Article X on the protection of the family, Article XI on the adequate standard of
living, Article XII on the right to physical health, Articles XIII and XIV on the right to
education, and the right to take part in cultural life and enjoy the benefits of
scientific progress in Article XV.20
Declaration on the Rights of Mentally Retarded Persons (1971)
This is proclaimed by the United Nations General Assembly stating that, "The
mentally retarded person has, to the maximum degree of feasibility, the same rights
as that of other human beings."21
Declaration on the Rights of Disabled Persons (1975)
This Declaration adopted by the United Nations General Assembly is the first
international document that tried to define the term "disability." The Declaration
includes a number of social and economic rights as well as civil and political rights. 22
Declaration on the Rights of Deaf-Blind Persons (1979)
Article I of the Declaration states that "every deaf-blind person is entitled to enjoy
the universal rights that are guaranteed to all people by the Universal Declaration of
Human Rights and the rights provided for all disabled persons by the Declaration of
the Rights of Disabled Persons." 23
Convention on the Elimination of Discrimination Against Women (CEDAW) (1979)
This Convention does not include any specific article on disability rights but aims to
protect the rights of all women, whether disabled or not. Disabled women face

double discrimination based on their gender and secondly, based on their disability.
It recommends that governments should provide information on disabled women in
their period reports and on special measures that the governments have taken to
ensure that women with disabilities have equal access to education and
employment, health services and social security, and to ensure that they can
participate in all areas of social and cultural life. 24
Convention (No. 159) concerning Vocational Rehabilitation and Employment
(Disabled Persons) (1983)
This Treaty of the International Labour Organization (ILO), a United Nations
specialized agency, obligates to formulate, implement and periodically review a
national policy on vocational rehabilitation and employment of disabled persons
mentioned in Article II. This Treaty also emphasizes the principle of equal
opportunity in its Article IV; "positive measures aimed at effective equality of
opportunity and treatment between disabled workers and other workers shall not be
regarded as discriminating against other workers. 25
Convention on the Rights of the Child (1989)
This Treaty lists disability as one of the grounds of discrimination and the latter
being prohibited in Article II. In addition, Article XXIII directly addresses the rights of
children with disabilities stating that disabled children are entitled to a "full and
decent life" of dignity and participation in the community. 26 This Treaty will be
discussed further in this paper.
Principles for the Protection of Persons with Mental Illnesses and the
Improvement of Mental Health Care (1991)
This Document sets detailed standards for the protection of persons with
mental disabilities. It emphasizes that all persons have the right to the best
available mental health care, shall be treated with humanity and respect for the
inherent dignity of the human person, have the right to protection from economic,
sexual and other forms of exploitation, physical or other abuse and degrading
treatment. The Principles stipulate that there shall be no discrimination on the
grounds of mental illness and that persons with a mental illness shall have the right
to exercise all civil and political rights. In case a person lacks legal capacity due to
his or her mental illness any decisions related to the well-being of this person shall
be made only after a fair hearing by an independent and impartial tribunal

established by domestic law.27

Standard Rules on the Equalization of Opportunities for Persons with

Disabilities(1993)
These Standard Rules do not constitute a legally binding document for member
states. However, the latter are the most comprehensive set of human rights
standards regarding disability and for law enforcers to date and to represent "a
strong moral and political commitment of Governments to take action to attain
equalization of opportunities for persons with disabilities." The document addresses
preconditions for equal participation, target areas of equal participation,
implementation measures and monitoring mechanisms. 28
b. Beijing Declaration on the Rights of People with Disabilities (2000)
This declaration was adopted at the World NGO Summit on Disability and
calls for a higher standard of living, equal participation and the elimination of
discriminatory attitudes and practices.29
c. Convention on the Rights of Persons with Disabilities (2007)
The Convention on the Rights of Persons with Disabilities refers to a
document focusing on international human rights of people with disabilities. It was
created by the United Nations and is being monitored by the Committee on the
Rights of Persons with Disabilities.
This Convention intends to ensure equal rights to people with disabilities. This
is done by elaborating in detail the rights of persons with disabilities and setting out
a code of implementation. The Guiding Principles of the Convention are the Respect
for inherent dignity, individual autonomy including the Freedom to make one's own
choices, and Independence of persons, Non-discrimination, Full and effective
participation and inclusion in society, Respect for the difference and acceptance of
persons with disabilities as part of human diversity and humanity, Equality of
opportunity, Accessibility, the Equality between men and women and Respect for
the evolving capacities of children with disabilities and respect for the right of

10

children with disabilities to preserve their identities.

30

d. African Charter on Human and Peoples' Rights (1981)

The Charter contains in Article XVIII, Sec. 4 that disabled persons have the
right to special measures of protection and Article XVI, Sec. 1 provides that every
individual shall have the right to enjoy the best attainable state of physical and
mental health.31
The Council of Europe is a regional intergovernmental organization consisting
of 45 countries. It aims to defend human rights, parliamentary democracy and the
rule of law. This Council has not adopted any specific human rights treaty on
persons with disabilities but created two important treaties that include the
protection of the rights on disabilities.
e. European Convention on the Protection of Human Rights and Fundamental
Freedoms (1950)
Article V of the Convention states that the right to liberty and security can be
infringed upon on the grounds of mental disability, "No one shall be deprived of his
liberty save in the following cases and in accordance with a procedure prescribed by
law: [...] the lawful detention of persons for the prevention of the spreading of
infectious diseases, of persons of unsound mind, alcoholics, drug addicts, and
vagrants."32
European Social Charter (1961)
The Charter works as the counterpart of the Convention addressing social and
economic rights such as the right to work, and the right to social security. The
Charter was the first human rights treaty to explicitly mention disability. 33
Recommendation (818) on the Situation of the Mentally Ill (1977)
This document outlines recommendations regarding the protection of
mentally ill persons in court, and the legislation rules on the confinement of

11

mentally ill persons.34

Recommendation (1185) on Rehabilitation Policies for the Disabled (1992)
This recommendation urges member states to ensure active participation in
the society and equal opportunities for disabled persons. 35
Recommendation No. R(92)6 on a Coherent Policy for the Rehabilitation of
People with Disabilities (1992)
This instrument recognizes the rights of disabled persons to be different and
focuses on the right to independent living and full integration into the society. 36
The European Parliament has adopted the following resolutions referring
specifically to the protection of disability rights: The Resolution on the human rights
of disabled people (1995) which urges the European Commission, the executive
branch of the European Union, to take steps to ensure equal opportunities for
disabled persons; The Resolution on threats to the right to life of disabled
persons (1996) which seeks to protect the right to life and opposes to the practice
of the active killing by doctors of patients in a persistent vegetative state and
disabled new-born children; and the Resolution on the Commission's communication
on equality of opportunity for people with disabilities (1997) that reminds member
states of their responsibility to implement disability protection laws on the national
level.37
f. Organization of American States, American Convention on Human Rights (1969)
The Convention does not explicitly address the subject of disability but
contains the classical human rights guarantees. For example, Article XXIV states the
right to equal protection.38
Additional Protocol to the American Convention on Human Rights in the area
of Economic, Social, and Cultural Rights (Protocol of San Salvador) (1988)

12

This treaty specifically states that persons with disabilities are entitled to
receive special attention in order to achieve the greatest possible development of
his or her personality. It also obliges governments to implement special measures to
facilitate the full integration of PWDs.39
Inter-American Convention on the Elimination of All Forms of Discrimination
Against Persons With Disabilities (1999)
This Convention aims to prevent and eliminate all forms of discrimination against
disabled persons and to promote their full integration into society. 40

The Philippines had been known to house different people from different parts of
the world. Filipinos are known to be hospitable. With this type of culture, one must not
be surprised to find a the abovementioned international laws had been significant parts
of the legal framework and principles of the nation. Most of which had formed part of
the local laws governing the rights of diffently-abled persons. Truly, both international
and local laws have one common objective: to protect the rights of PWDs.
Local Laws
The Philippines, as a Member State of the United Nations and the World Health
Organization (WHO), supports the global efforts to uphold and promote the rights of
PWDs. The Philippine Constitution recognizes this and national policies have been
manifested specifically the Batas Pambansa Bilang 844 or The Accessibility Law
and Republic Act No. 7277 or otherwise known as, "The Magna Carta for Disabled
Persons" or "An Act Providing for the Rehabilitation, Self-Development, and SelfReliance of Disabled Persons and Their Integration into the Mainstream of Society
and for Other Purposes."41
Table 3

LAW

TITLE

DATE APPROVED

13

Republic Act 9442

Executive Order 4
Executive Order
Executive Order
Republic Act 7277

Republic Act 6759

Batas Pambansa

Republic Act 5250

Republic Act 4564

Republic Act 3562

Republic Act 1373

Republic Act 1179

An Act Amending Republic Act No. 7277,

otherwise known as the "Magna Carta for
Disabled Persons, and For Other Purposes
Encouraging the Implementation of
Community-Based Rehabilitation (CBR) for
Persons With Disabilities in the Philippines
Directing the Implementation of the
Economic Independence Program for
Persons with Disabilities(PWDs)
Creating a Task Force to Address the
Concerns of Persons with Disabilities
An Act Providing for the Rehabilitation,
SelfDevelopment and Self-Reliance of
Disabled Persons and their Integration into
the Mainstream of Society and for other
purposes
An Act Declaring August 1 of each year as
White Cane Safety Day in the Philippines
and for other purposes
An Act to Enhance the Mobility of
Disabled Persons by Requiring Certain
Buildings, Institutions, Establishments and
Public Utilities to Install Facilities and Other
Devices
An Act Establishing a Ten-Year Training
Program for Teachers of Special and
Exceptional Children in the Philippines and
Authorizing the Appropriation of Funds
Thereof
An Act Authorizing the Philippine Charity
Sweepstakes Office to Hold Annually Special
Sweepstakes Race for the Exclusive Use of
the Office of Vocational Rehabilitation,
Social Welfare Administration, in its
Development and Expansion Program for
the Physically Disabled Throughout the
Philippines
An Act to Promote the Education of the
Blind in the Philippines
An Act Authorizing the Philippine
Sportswriters Association to hold One
Benefit Boxing Show Every Year, The Net
Proceeds of which Shall Constitute a Trust
Fund For The Benefit of Disabled FilipinoBoxers
An Act to Provide for the Promotion of
Vocational Rehabilitation of the Blind And
Other Handicapped Persons and Their
Return to Civil Employment
14

April 30, 2007

June 21, 2005
March 22, 2005
December 9,
1996
March 24, 1992

September 18,
1989
February 25,
1983

June 15, 1968

June 19, 1965

June 21, 1963

June 18, 1955

June 19, 1954

The Constitution of the Philippines (1987)42

The Philippine Constitution in the Declaration of Principles and State Policies
mandates that the State shall promote social justice in all phases of national
development.
Art. XIII, Sec. 2 of the Constitution includes disabled persons as one of the
priority sectors to be given access to essential goods and services at affordable
cost.
Art. XIII, Sec. 13 of the Constitution further provides that the State shall
establish a special agency for disabled persons for their rehabilitation, selfdevelopment and self-reliance and their integration into the mainstream of society."
Republic Act No. 7277 or the Magna Carta for Disabled Persons (1992) 43
In fact, there are a lot of laws in the Philippines protecting and respecting the
rights of the Persons with Disability but the prevailing law is RA 7277, as amended.
The Act provides for the rehabilitation, self-development, and self-reliance of PWDs
and promoting their integration into the mainstream of society. The Congress of the
Philippines enacted this law for PWDs to direct the National and Local government
agencies to implement programs and services to ensure the full participation of
PWDs in all aspects of community life. Areas like education, rehabilitation, health,
employment, civil and political rights , reasonable accommodation, antidiscrimination, anti-poverty, accessibility, transportation, telecommunications and
information communication technology, social security, economic independence
and even international cooperation are well addressed in various legal documents
and policy statements. It is also noteworthy that RA 9442 strictly prohibits and
penalizes any act that has an effect to vilifying persons with disabilities. Although
the law was formulated before the Convention on the Rights of Persons with
Disability came into force, there are clear indications that the human rights
sentiments have been the Magna Cartas more salient character. 44
Emphasizing Chapter 8, Sec. 32, par. (h) of RA 9442: Right to Education of
PWDs
Educational assistance to persons with disability, for them to pursue

15

primary, secondary, tertiary, post tertiary, as well as vocational or technical

education, in both public and private schools, through the provision of scholarships,
grants, financial aids, subsidies and other incentives to qualified persons with
disability, including support for books, learning material, and uniform allowance to
the extent feasible: Provided, That persons with disability shall meet minimum
admission requirements. 45 This provision specifies the privilege given to the
marginalized sector not only on their basic needs but as well as on their education.
Research shows that vast majority of individuals with physical impairments lack
basic literacy; that individuals with intellectual and psychiatric disabilities are
treated with often cruel neglect; and are seldom they enroll with in a school
attended by normal students.
Education teaches a man on how to live life and struggles for it. As the
famous aphorism goes, "knowledge is power", education is necessary to gain
knowledge. It is evident that there is a growing recognition on the vital importance
of basic education for social progress. Education can give anyone enormous
potentials and countless possibilities. As education is a basic necessity to a normal
person so it is to PWDs.
The 1987 Philippine Constitution guarantees in Article XIV, Sec. 1 that The
State shall protect and promote the right of all citizens to quality education at all
levels, and shall take appropriate steps to make such education accessible to all.
The mandate significantly put high regard to education and emphasized the right of
every person to quality education. The physical impairment of Persons With
Disabilities should never be made a reason to undermine their capabilities and/or
capacities to perform normally and even, excellently in his/her own field. 46 They
must be given equal opportunities to grow and excel in their chosen field. As Former
Justice Antonio Panganiban stated, Equality is rooted not merely on charity or
accommodation, but on justice for all. Consequently, it is but the governments role
to ensure that proper training be given to PWDs. Quality and accessible education
should never be denied on them.
Various educational rights are also set forth in the following international
laws:
a. The Convention on the Rights of the Child (1989)
The Convention on the Rights of the Child (1989) is the first international
treaty to state the full range of civil, political, economic, social, and cultural rights
belonging to children. It is an advocate for the protection of childrens rights, to help
meet their basic needs and to expand their opportunities to reach their full
potential. A number of rights granted to children have been mentioned. They are
founded on respect for the dignity and worth of each individual, regardless of race,

16

colour, gender, language, religion, opinions, origins, wealth, birth status or ability to
be applied to every human being everywhere. Among these are the rights of a child
to have a name, to preserve his or her identity, to be cared for by parents, to take
primary consideration on his or her best interests, to be protected against
discrimination, to facilitate their active participation in the community, to be socially
protected, to be entitled of the highest attainable standard of health and to facilities
for the treatment of illness and rehabilitation of health, to a healthy environment, to
be afforded equal opportunities for the cultural, artistic, recreational and leisure
activity, that a mentally or physically disabled child should enjoy a full and decent
life, promote self-reliance, and to recognize every childs right to education. The
Convention protects these rights by setting standards in health care; education; and
legal, civil and social services.
Article XXIII on disabled children the Convention states that, A disabled child
has the right to special care, education and training to help him or her enjoys a full
and decent life in dignity and achieves the greatest degree of self-reliance and
social integration possible.
The Convention made mention of the childs right to education in Article XXVIII
which establishes the right to education on the basis of equal opportunity. It binds
States parties to make available and accessible to every child compulsory and free
primary education and encourage different forms of secondary education to be
accessible to every child, including vocational education, to make higher education
available to all on the basis of capacity. School discipline shall be consistent with the
childs rights and dignity. The State shall engage in international co-operation to
implement this right. Article XXIX of the Convention deals with the aims of
education. Education shall also aim at developing the childs personality, talents,
mental and physical abilities to the fullest extent. Education shall prepare the child
for an active adult life in a free society and foster respect for the childs parents, his
or her own cultural identity, language and values, and for the cultural background
and values of others.
b. World Declaration for Education for All (1990)
The Universal Declaration of Human Rights asserted that "everyone has a
right to education" and this serves as a basic premise in recalling that education is a
fundamental right for all people of all ages. Education can ensure a safer, healthier,
more prosperous and environmentally sound world that contributes to the social,
economic, and cultural progress, tolerance, and international cooperation. In
addition to these views, education is also an indispensable key for personal and
social improvement. Recognizing education to promote development and
strengthen higher levels of education, and to address the scale and complexity of
whatever challenge in the future.
Every person - child, youth and adult - shall be able to benefit from
educational opportunities designed to meet their basic learning needs. There is a
need for an "expanded vision" that surpasses present resource levels, institutional
structures, curricula, and conventional delivery systems while building on the best
in current practices. The expanded vision encompasses universalizing access and
promoting equity, focusing on learning, broadening the means and scope of basic
17

education, enhancing the environment for learning, and strengthening partnerships.

Basic education should be provided to all children, youth and adults. This
Declaration states that learning begins at birth, that the main delivery system for
the basic education of children outside the family is primary schooling, that the
basic learning needs of youth and adults are diverse and should be met through a
variety of delivery systems and that all available instruments and channels of
information, communications, and social action could be used to help convey
essential knowledge and inform and educate people on social issues.
Learning does not take place in isolation. Societies must ensure that all
learners receive the nutrition, health care, and general physical and emotional
support they need in order to participate actively in and benefit from their
education. National, regional, and local educational authorities have a unique
obligation to provide basic education for all.
c. Standard Rules on the Equalization of Opportunities for Persons with Disability
(1993)47
These Standard Rules represent a strong moral and political commitment of
Governments to take action to attain equalization of opportunities for PWDs. The
Standard Rules have enumerated target areas for equal participation such as
Accessibility, Education, Employment, Income Maintenance and Social Security,
Family Life and Personal Integrity, Culture, Recreation and Sports, and Religion.
PWDs should enjoy equal participation in those areas. These Rules also emphasized
that PWDs should be educated in the general educational system, and have access
to meaningful and gainful work, and those with particular needs should have social
security and income maintenance.
d. UNESCO Salamanca Statement and Framework for Action (1994)
The delegates of the World Conference on Special Needs Education believed
and proclaimed that every child has a fundamental right to education, and must be
given the opportunity to achieve and maintain an acceptable level of learning.
The Statement also recognize that every child has unique learning needs,
that education systems should be designed and educational programmes
implemented, and call upon the Governments to give highest policy and budgetary
priority to improve their education systems. The Government must also adopt as a
matter of law or policy the principle of inclusive education, must enrol all children in
regular schools, must encourage and facilitate the participation of parents,
communities and organization of PWDs in the planning and decision-making process
concerning provision for special educational needs, and must ensure that special
needs education forms part of every discussion dealing with education for all in
various forums.

18

e. Dakar Framework for Action (2000)48

This Framework is committed to attain education for all, for every citizen and
for every society. This framework re-affirm the vision of the World Declaration on
Education for All, supported by the Universal Declaration on Human Rights and the
Convention on the Rights of a Child, that all children, have the human right to
benefit from an education that will meet the basic learning needs at its best so that
they can improve their lives and transform their societies. This framework view that
education is a fundamental right and it is the key to sustainable development,
peace, and stability within and among countries to be at par with globalization.
The participants commit themselves to expanding and improving comprehensive
early childhood care and education, especially for the most vulnerable and
disadvantaged children. They also ensure that by 2015, all children, particularly
girls, children in difficult circumstances and those belonging to ethnic minorities;
have access to and complete, free and compulsory primary education of good
quality, ensuring that the learning needs of all young people and adults are met
through equitable access to appropriate learning and life-skills programmes. And
finally, this framework is aimed at improving all aspects of the quality of education
and ensuring excellence of all so that recognized and measurable learning
outcomes are achieved by all, especially in literacy, numeracy and essential life
skills.
Looking back to history, the Philippine government services to PWDs
education had been rampant as early as the American occupation (1898-1946).In
1907, the Insular School for the Deaf and Blind, a residential learning center was
established in Manila and from then, educational services gradually spread to other
disability groups: those with orthopedic disabilities, those with mental and
neurological conditions and those with learning disabilities. 50 Giving proper
education to persons with disabilities through institutionalization of partnerships
between the government and private individuals and organizations had been the
focal consideration of the Commonwealth era and from the late 1950s to early
1960s emerged the teaching of vocational services to them. As years passed, the
educational programs for PWDs had continued to evolved and developed. From the
small learning centers come the leading higher educational institutions Philippine
Normal College (now a university) and the University of the Philippines, offered
Special Education (S.P.E.D.) courses for aspiring teachers for persons with
disabilities.
True enough, special educational institutions are already available for the
PWDs from primary to secondary. Vocational and technical trainings also exist. But,
RA 9442 brings more specific privileges for schooling PWDs. It had considered a
PWD enrolling in a regular school. School discounts, whether in public or private
institution, and other discount privileges on educational expenses make schooling
considerable to a PWD and his parent/guardian.

19

Nonetheless, no matter how persuading the language of the law is, the issue
is on its implementation. Records from the National Statistics Office show that three
years after the effectivity of RA 9442, there has been no considerable increase in
the literacy of the differently-abled persons. Despite the efforts of the government
to make education accessible to them, most of them had stayed home though the
type of disability they possess may allow them to go to school. The primary reason
is still the individual deficit. This is for viewing disability to only one of two paths:
individuals can be fixed through medicine or rehabilitation (medical approach); or
they can be cared for, through charity or welfare programmes (charity approach). 49

FINDINGS FROM RECORDS

The researchers used the data provided by the National Statistics Office in
finding the total number of Persons with Disability in the Philippines and in
assessing how many of them had formal schooling in order to determine the
effectiveness of Chapter 8, Sec. 32 par. h of RA 9442. The national figures were
used in order to expose how many of the countrys population had disability and
how small/big is the percentage of PWDs whore given the educational assistance
under RA 9442.
Moreover, records from the Social Welfare Administration for PWDs in the
Municipality of Padre Garcia, Province of Batangas were also gathered, recorded and
analyzed to see how the PWDs in the rural area, particularly in the town, had
benefited in the educational assistance provided by the government.
Interview with the PWD Focal person was also conducted to further know the
conditions of the differently-able persons in the town. The interviewee mentioned
that the town is blessed for having only a small number of PWDs. Because of this,
the local government is able to monitor their conditions. Quarterly meetings are
also held in connection with the monitoring and rehabilitation of the sector. She also
made mention of the support of the provincial government in the implementation of
the projects for PWDs. However, according to her, some of the towns physically
challenged individuals does not have the PWD ID and thus, has not enjoyed the
discount privileges and other benefits given by the government. The main
constraint is their lack of awareness because the PWDs without the ID are the same
PWDs who do not attend to the meetings and seminars conducted for them.

20

The records are presented in tables and the copy of the original records
gathered are attached in the Appendices section.

Records from the National Statistics Office

Household Population and Persons with Disability by Region, Philippines,
2010 50

Region

Philippines
National Capital
Region (NCR)
Cordillera
Administrative
Region (CAR)
Region I Ilocos
Region II Cagayan
Valley
Region III Central
Luzon
Region IV-A
CALABARZON
Region IV-B
MIMAROPA
Region V Bicol
Region VI- Western
Visayas
Region VII Central
Visayas
Region VIII Eastern
Visayas
Region IX
Zamboanga
Peninsula

Household
Population
(in 1,000)
92, 098
11, 797

Household
Proportion of PWDs
population with
Household
Disability (in
Population (in
1,000)
percent)
1, 443
1.57
167
1.41

1, 612

26

1.63

4, 743
3, 226

78
56

1.64
1.72

10, 118

139

1.38

12, 583

193

1.53

2, 732

50

1.85

5, 412
7, 090

100
138

1.85
1.95

6, 785

109

1.60

4, 090

72

1.75

3, 398

46

1.35

21

Region X Northern
Mindanao
Region XI Davao
Region XII
SOCCSKSARGEN
Autonomous Region
in Muslim Mindanao
(ARMM)
Region XIII - CARAGA

4, 285

67

1.56

4, ,453
4, 103

71
59

1.60
1.43

3, 249

35

1.07

2, 425

38

1.58

The recorded figure of persons with disability (PWD) in the 2000 CPH was 935,551
persons, which is 1.23 percent of the household population.

Disability Statistics of the Philippines

The National Statistics Office in formulating plans for rehabilitation, education
and development of the physically challenged individuals and in establishment of
more government-subsidized institutions that would cater to the promotion of
physical, emotional, and psycho-social well-being of disabled persons had
conducted a survey from May 30 to June 19, 2010 to randomly selected
respondents. There were 1,057 PWDs interviewed from 345 households. Data were
collected through a personal interview of the respondents.
NUMBER AND PERCENT OF INTERVIEWS BY AGE

Age
Group

Perce
nt

18-21

Number
of
Responde
nts
143

22-25

111

10.50

26-29

122

11.54

30-33

86

8.14

34-37

97

9.18

38-41

97

9.18

42-45

105

9.93

46-49

70

6.62

50-53

61

5.77

54-57

45

4.26

22

13.53

58-61

22

2.08

62-65

19

1.80

66-69

13

1.23

70 and
above
Total

66

6.24

1,057

100.0
0

From the sample households, all members aged 18 years old and over were
taken as respondents for they were assumed to be capable of answering the
questions maturely. The table above shows that around 35.57 percent of the
respondents are less than 30 years old. Those 62 years old and above comprised for
9.27 percent. The median age is 36 years old.

NUMBER AND PERCENT OF INTERVIEWS BY SEX

Sex
Fenale
Male
Total

Name of Respondents
615
442
1, 057

Percent
58.18
41.812
100.00

The table shows that there were more female respondents than males (58.18 %).
NUMBER AND PERCENT OF RESPONDENTS BY YEARS SPENT STUDYING IN
SCHOOL

Years Spent in
School

Number of
Respondents

Percent

0.28

0.28

13

1.23

19

1.80

23

26

2.46

29

2.74

154

14.57

41

3.88

62

5.87

55

5.20

10

302

28.57

11

59

5.58

12

105

9.93

13

28

2.65

14

70

6.62

15

30

2.84

16

16

1.51

17 and over

27

2.55

Cant Remember

15

1.42

24

Total

1,057

100.00

The largest proportion of respondents (28.57 percent) had spent 10 years in

school, which is equivalent to high school completion in the Philippines. Those who
spent six years accounted for 14.57 percent. Respondents with more than 17 years
spent in school made up of 2.55 percent. Cannot remember reached 1.42
percent. These are the respondents who could not remember the number of years
they spent in school, college or university.
Disability Statistics of Municipality of Padre Garcia, Province of Batangas

TOTAL NUMBER OF PERSONS WITH DISABILITY IN MUNICIPALITY OF PADRE

GARCIA, PROVINCE OF BATANGAS

BARANGAY
Banaba
Banay-Banay
Bawi
Bukal
Castillo
Cawongan
Manggas
Maugat East
Maugat West
Pansol
Payapa
Poblacion
Quilo-Quilo North
Quilo-quilo South
San Felipe
San Miguel
Tamak
Tangob
TOTAL

NO. OF PWDs
9
10
16
8
16
36
9
7
23
27
26
42
22
16
26
15
9
10
327

Records from the Social Welfare Administration for Persons With Disability
under the Department of Social Welfare and Development show that there are three
hundred twenty seven differently-able persons in the locale. This is 1.58% of the
total population (2,140,203) of the town.

25

TOTAL NUMBER OF PERSON WITH DISABILITY BENEFICIARIES

BARANGAY
Banaba
Banay-Banay
Bawi
Bukal
Castillo
Cawongan
Manggas
Maugat East
Maugat West
Pansol
Payapa
Poblacion
Quilo-Quilo
North
Quilo-quilo
South
San Felipe
San Miguel
Tamak
Tangob

JANUARYMARCH

APRILJUNE

OCTOBERDECEMBE
R
0
1
0
1
4
10
2
0
5
7
8
12
6

TOTAL

0
2
3
1
0
7
1
1
2
2
9
13
3

JULYSEPTEMBE
R
0
0
3
0
2
7
0
0
4
8
3
6
3

3
1
4
0
4
6
0
0
6
4
0
5
1
7

10

6
2
2
1

6
4
1
1

7
2
1
1

1
2
0
2

20
10
4
5
222

3
4
10
2
10
30
3
1
17
21
20
36
16

67.88 percent of the persons with disability have secured a PWD-ID. Aside
from enjoying the privileges provided by Republic Act 9442, it was also found from
the interview conducted to Mrs. Jocelyn Escamus, RSW PWD Focal Person, that
these are the same persons who are active in attending the meeting conducted
quarterly in the municipality.

TOTAL NUMBER OF PWDs WHO ARE CURRENTLY ENROLLED

BARANGAY

TOTAL

Banaba
Banay-Banay
Bawi
Bukal
Castillo

0
1
1
0
1
26

Cawongan
Manggas
Maugat East
Maugat West
Pansol
Payapa
Poblacion
Quilo-Quilo North
Quilo-quilo South
San Felipe
San Miguel
Tamak
Tangob
TOTAL

4
0
1
2
4
2
8
8
1
4
4
0
0
41

The record shows that only forty-one (41) or 0.13% of the total number of
persons with disabilities is in school. They are enrolled in the Special Education
Program and no one of the PWDs in the locale is enrolled in a regular school.

DISABILITIES POSSSESSED BY THE SCHOOLING PWDs

DISABILITY
Hearing Impairment
Autism
Mental Retardation
Down Syndrome
Cerebral Palsy
Global Development Delay
Learning Disability
Low Vision
Speech Defects
Chronic Disease
Motor Disability

TOTAL
11
4
8
2
5
2
3
4
2
1
1

The disability possessed includes hearing impairment, autism, mental

retardation, down syndrome, cerebral palsy, global development delay, learning
disability, low vision, speech defects, chronic disease, visual impairment and motor
disability.

27

CONCLUSIONS
From the data gathered, the following conclusions are derived.
1. 1.23 percent of the Philippine population has disability. The number is relatively
small.
2. Among the 17 regions, Region IV-A had the highest number of PWD at 193
thousand. This was followed by the National Capital Region (NCR) with 167
thousand PWD. The Cordillera Administrative Region (CAR), on the other hand, had
the lowest number of PWD at 26 thousand.
3. In the survey conducted by the National Statistics Office, 35.57 percent of the
respondents are less than 30 years old but more than 18 years old. The
respondents are of age to answer the interviews. There were more female
respondents than males.
4. Only 2.55 percent of the respondents had stayed in school for 17 years. This
shows that out of 1,057 respondents, only 27 had finished college. The largest
proportion, 302 (28.57 percent) of the respondents had spent 10 years in school,
which is equivalent to high school completion in the Philippines. The PWDs have a
relatively low literacy rate.
5. 1.58 percent of the population of the municipality of Padre Garcia, Province of
Batangas has disability. Monitoring them is easier because they are few.
6. 222 out of 327 (67.88 percent) of the persons with disability in Padre Garcia,
Batangas have secured a PWD-ID. Their small number had made it easily for the
municipal authorities to reach out to them.
7. Only forty-one (41) or 0.13% of the total number of persons with disabilities is in
school. The educational assistance provisions under the Magna Carta for Persons
with Disability is only enjoyed by a small percentage of PWD.
8. No one among the PWDs in Padre Garcia, Batangas is enrolled in a regular school.
9. The disability possessed includes hearing impairment, autism, mental
retardation, down syndrome, cerebral palsy, global development delay, learning
disability, low vision, speech defects, chronic disease, visual impairment and motor
disability.

28

RECOMMENDATIONS
The Philippines started consolidation of the legal system related persons with
disability relatively as early as the 1900s. But sad to say, until today, some
claimholders remain unfamiliar of the law. They continue to be reluctant in
exercising their rights and enjoying the privileges provided for them. In view of the
foregoing, the following recommendations are derived:
First, full awareness of the law protecting PWDs should be ensured. The
government must constantly hold the established programs to monitor the
conditions of the PWDs. Aside from holding the annual National Disability Prevention
and Rehabilitation Week (in July), Mental health Week, Autism Week, Deaf
Awareness Week, Eyesight Conservation week, Mental Retardation Week, White
Cane Safety Day, and International Day of Disabled Persons, a monthly meet-ups
with them may be held for counselling, checking of their conditions and monitoring
their activities. The closer the government is to the PWDs, the wider is the chance
for the latter to feel their worth.
Secondly, the government must maintain a close partnership with the nongovernment organizations other international agencies in providing services to cater
for the needs PWDs. Common services that may be given by NGOs may include
29

training and granting of assistive devices, e.g. wheelchairs, hearing aids, etc.
Third, the local government units, particularly the barangays, as closest to
the people must have a lenient record of the PWDs, their needs and the programs
for them.
Without a PWD ID, a person with disability cannot avail of the discount
privileges promised by RA 9442. No matter how obvious their disability is, still,
without the basic requirement, a PWD may not be given a discount on basic
services. In this case, the ID requirement provision of the Magna Carta for Persons
with Disability must be revisited.
Education is the best tool in order to uplift the morale of a PWD and improve
his way of life. However, a very small number of them had finished school/ is
enrolled in school. Dropouts among PWD must be lessen and they must be
encouraged to continue studying. The education assistance enshrined in RA 9442
must be fully implemented. Parents of the PWDs should be assured that they will
not bear additional burden in sending their child with disability to school because of
the government assistance. Additional funding to improve school facilities and
additional competent teachers for the SPED must be made.
Lastly and most importantly, a person with disability must gain proper
treatment from the society. They must be treated like anybody else and must not be
deprived of their right to live normally because of their disability. A collective
mindset among the Filipinos changing the way they see a PWD must be developed.

30